These Terms of Service (these “Terms”) are a binding agreement between you and RRJ Media Holdings LLC, a California limited liability company (“Company,” “we,” “us,” or “our”). These Terms, together with any documents they expressly incorporate by reference (including our Privacy Policy and DMCA Policy), govern your access to and use of www.vipexperienc.com and any related content, features, and services (collectively, the “Platform”), whether you visit as a guest or a registered user.
PLEASE READ THESE TERMS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS OF LIABILITY, A RELEASE, AND AN INDEMNITY.
SECTION 31 CONTAINS A BINDING ARBITRATION AGREEMENT AND A CLASS-ACTION WAIVER. THEY AFFECT HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 31, YOU AND WE AGREE TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION RATHER THAN IN COURT OR BEFORE A JURY, AND YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
1. Acceptance of These Terms
By accessing or using the Platform, or by clicking “I agree” (or a similar button) where that option is made available, you accept these Terms and agree to be bound by them. If you do not agree, you must not access or use the Platform.
Capacity. By using the Platform, you represent and warrant that you have the legal capacity and authority to enter into a binding contract with us.
Electronic agreement. You agree that your electronic acceptance has the same legal effect as a handwritten signature, and that we may deliver any required notices to you electronically (see Section 32).
2. Eligibility — Adults Only (18+)
The Platform is available only to individuals who are at least 18 years old and who have reached the age of majority in the jurisdiction in which they reside. By using the Platform, you represent and warrant that you meet these requirements.
Where required by applicable law, access may be conditioned on identity or age verification through us or a third-party verification provider (see Section 10). We may refuse, restrict, suspend, or terminate access to anyone who does not satisfy these requirements.
3. Changes to These Terms
We may revise these Terms from time to time in our reasonable discretion. When we make material changes, we will update the “Last Updated” date above and, where practicable, provide additional notice (for example, by email or an on-Platform notice). Changes are effective when posted unless we state otherwise.
Your continued use of the Platform after changes take effect means you accept the revised Terms. Changes to the dispute-resolution provisions in Section 30 (Governing Law) and Section 31 (Arbitration) will not apply to any dispute of which the parties had actual notice on or before the date the change was posted. Please review these Terms periodically.
4. Adult Content; Intended for Adults Only
The Platform contains sexually explicit, adult-oriented material and is intended solely for adults. It must never be shared with or made accessible to minors. By accessing the Platform, you affirm that each of the following is true:
- You are aware of and not offended by the adult nature of the material, including graphic visual depictions and descriptions of nudity and sexual activity;
- You are familiar with the laws of your community affecting your right to access adult-oriented material;
- You have the legal right to access adult-oriented material, and we have the legal right to transmit it to you;
- You are requesting and accessing this material voluntarily, for your own private enjoyment;
- You are not accessing the Platform from any place or jurisdiction where doing so would violate applicable law; and
- You will not share the Platform or its materials with any minor or otherwise make them available to a minor.
5. Parental Controls — Section 230(d) Notice
Under 47 U.S.C. § 230(d), you are notified that parental-control protections (such as hardware, software, and filtering services) are commercially available and may help limit minors’ access to material that is harmful to them. You can find providers by searching “parental control protection” or similar terms. The following are provided for information only and are not endorsements:
CYBERsitter | Net Nanny | CyberPatrol | ASACP
6. Zero Tolerance — Child Sexual Abuse Material (CSAM)
We have zero tolerance for content involving minors. Only visual media of consenting adults, created for consenting adults, is permitted on the Platform.
If you encounter any visual media — real or simulated — depicting a minor engaged in sexual activity or that is otherwise exploitative of children, report it immediately to compliance@vipexperienc.com. Please include all available evidence, including the date and time of identification.
We promptly investigate every report and take appropriate action, which may include removing content, terminating accounts, preserving evidence, and reporting to the National Center for Missing & Exploited Children (NCMEC) and to law enforcement as required by law. We cooperate fully with any law-enforcement agency investigating alleged child exploitation or abuse.
7. Zero Tolerance — Prostitution, Sex Trafficking, and Human Trafficking
You must not use the Platform or its interactive features to engage in, facilitate, promote, solicit, or assist any act of prostitution, sex trafficking, or human trafficking. This prohibition includes exchanging personal contact details or arranging in-person meetings for these purposes. Report any evidence of such activity to compliance@vipexperienc.com with all supporting evidence, including the date and time of identification.
We promptly investigate all reports, terminate the accounts of anyone engaged in such activity, report suspected offenders to the appropriate authorities, and cooperate fully with any related law-enforcement investigation.
8. Accessing the Platform
We may withdraw, suspend, or modify the Platform, or any feature or content, in our reasonable discretion and without notice. We will not be liable if all or any part of the Platform is unavailable at any time or for any period. We may also restrict access to some or all of the Platform, including to registered users. You are responsible for arranging your own access to the Platform and for any equipment, connectivity, and costs involved.
9. Your Account
Account creation. To access many features you must create an account. Registration is free and for a single user only. You must provide accurate, current, and complete information, including a valid email address, a username, and a password that meets our technical requirements. Do not choose a username that is offensive or that infringes another person’s trademark, service mark, or trade name; we may change or reclaim any username that violates this Section.
Your representations. By creating an account you represent that (a) all registration and profile information you provide is your own and accurate; (b) we did not previously suspend or terminate an account of yours for breach of these Terms; and (c) you are creating the account for your own personal use and will not sell, rent, lease, or transfer it.
Account security. You are responsible for keeping your credentials confidential and for all activity under your account. You must notify us promptly of any unauthorized use or other security breach. You must not sell, rent, lease, share, or grant anyone access to your account, including charging for administrative access. We may disable any credential at any time in our reasonable discretion, including if we believe you have violated these Terms.
Liability for misuse. We are not liable for any loss arising from someone else’s use of your account, whether or not you authorized it. You may be liable for losses we or others incur from unauthorized use of your account.
No use of others’ accounts. You must not use anyone else’s account at any time.
Communications. By registering, you consent to receive electronic communications from us relating to your account (such as confirmations, security and transactional notices), which satisfy any legal requirement that communications be in writing. You also consent to receive service and promotional communications, which may contain adult material unsuitable for minors. You may opt out of non-transactional marketing as described in our Privacy Policy. We recommend retaining copies of important communications.
10. Identity and Age Verification
You may post User Contributions, or appear in User Contributions, only if you are a verified user. To become verified, you must provide government-issued identification so we (or a third-party verification provider) can confirm your identity and that you are at least 18 years old. By submitting identification, you authorize us to share it with our verification provider for that purpose. We handle verification data in accordance with our Privacy Policy and applicable law, and we may decline or revoke verification at our discretion.
11. Intellectual Property Rights
Ownership. We own and operate the Platform. All content, features, functionality, and materials on the Platform — including interfaces, graphics, software (source and object code), text, displays, images, photographs, video, audio, and their selection and arrangement (collectively, “Materials”) — are owned by us, our licensors (including creators), or other providers, and are protected by United States and international copyright, trademark, patent, trade-secret, and other intellectual-property laws.
Limited license. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform and Materials for your personal, non-commercial use only. Except as expressly permitted below, you must not reproduce, distribute, resell, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any Materials.
You may: (a) allow your device to temporarily store Materials in RAM incidental to viewing them; (b) store files automatically cached by your browser; (c) print or download one copy of a reasonable number of pages for your personal, non-commercial use; (d) stream digital media to which you have lawfully gained access for your personal, non-commercial use; and (e) if we offer downloadable applications, download a single copy to your device subject to any applicable end-user license agreement.
Restrictions. You must not (a) modify copies of any Materials; (b) use any illustration, photograph, video, audio, or graphic separately from its accompanying text; (c) remove or alter any copyright, trademark, or other proprietary notice; or (d) use any part of the Platform or Materials for any commercial purpose without our prior written agreement. If you breach this Section, your license ends immediately and you must, at our option, return or destroy any copies you made. We reserve all rights not expressly granted.
Trademarks. The Company name and logo; the marks EXPERIENCE and THE EXPERIENCE; the Platform logo; and related names, domain names, logos, designs, and slogans, as well as the Platform’s look and feel, are trademarks or trade dress of the Company, its affiliates, or licensors. You must not use them without our prior written permission. All other marks are the property of their respective owners, and references to third-party products or services do not imply endorsement or affiliation.
12. Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms. You must not:
- Use the Platform in any way that violates any applicable federal, state, local, or international law or regulation (including export-control laws);
- Exploit or harm, or attempt to exploit or harm, minors in any way;
- Send, receive, upload, download, use, or re-use any material that does not comply with the Content Standards in Section 14;
- Transmit or procure the sending of any unsolicited advertising or promotional material, including “junk mail,” “chain letters,” or “spam,” without our prior written consent;
- Impersonate or attempt to impersonate the Company, our employees, another user, or any other person or entity;
- Engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or that may harm the Company or its users or expose them to liability;
- Use the Platform in any way that could disable, overburden, damage, or impair it, or interfere with others’ use, including real-time activities;
- Use any robot, spider, scraper, or other automated means to access, monitor, or copy the Platform or Materials, or use any manual process for the same purpose, without our prior written consent;
- Use any software or process to record, capture, or rebroadcast any content, including any live stream;
- Introduce any virus, Trojan horse, worm, logic bomb, ransomware, or other malicious or technologically harmful material;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Platform, its servers, or any connected systems or databases;
- Attack the Platform via a denial-of-service or distributed denial-of-service attack; or
- Otherwise attempt to interfere with the proper working of the Platform.
13. User Contributions
Overview. The Platform includes profiles, live streaming, messaging, timelines, comments, and other interactive features (collectively, “Interactive Services”) that allow users to post, upload, publish, display, stream, or transmit content (collectively, “User Contributions”). You may post User Contributions only if you are a verified user (see Section 10). All User Contributions must comply with the Content Standards in Section 14. We treat User Contributions as non-confidential and non-proprietary.
License you grant to us. For each User Contribution, you grant us and our affiliates and service providers, and their respective licensees, successors, and assigns, a worldwide, non-exclusive, royalty-free, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display that User Contribution (including to operate, promote, and redistribute the Platform) in any media now known or later developed, and to use the name, likeness, voice, and biographical information you submit with it. The license continues for a commercially reasonable period after you remove or delete the User Contribution; we may retain (but not display) server copies of removed content.
License you grant to other users. You also grant each other user a worldwide, non-exclusive, royalty-free license to access and use your User Contribution solely as enabled by Platform features (such as playback, embeds, or downloads). This does not permit any user to use your User Contribution independent of the Platform.
Consent of persons depicted. You must obtain and retain written consent from every person depicted in your User Contributions (including yourself) covering: (a) being depicted; (b) public distribution and upload to the Platform; and (c) if downloads are enabled, being downloaded. You must verify the identity and age of every person depicted to confirm they are adults, and provide supporting documentation to us on request.
18 U.S.C. § 2257 recordkeeping. Federal law requires you to create and maintain records for any visual depiction you post that portrays actual or simulated sexually explicit conduct, as defined in 18 U.S.C. §§ 2256 and 2257/2257A. You are solely responsible for compliance, and you must provide records to us on request. Failure to comply may subject you to civil and criminal liability.
Your responsibility and risk. You are solely responsible for your User Contributions, including their legality, reliability, accuracy, and appropriateness. We are not liable for the content or accuracy of any User Contribution. While we use reasonable security measures to help protect User Contributions from unauthorized copying and distribution, we do not guarantee they will prevent it, and we provide those measures “as is.” To the fullest extent permitted by law, you release us from, and waive, any claims arising from unauthorized copying, use, or distribution of your User Contributions by third parties.
14. Content Standards
These Content Standards apply to all User Contributions and all use of the Interactive Services. User Contributions must comply with all applicable laws and must not:
- Depict or discuss any activity that is illegal or that violates applicable law or card-network rules;
- Contain defamatory, obscene, indecent, abusive, harassing, threatening, violent, hateful, or otherwise objectionable material;
- Promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other protected characteristic;
- Promote, depict, or discuss minors, child exploitation or abuse material, age-play, incest, rape or non-consensual sex, sexual assault, intoxication or hypnosis as a means of vitiating consent, extreme violence, non-consensual pain, blood, cutting, erotic asphyxiation, torture, necrophilia, sadomasochistic abuse, hardcore bondage, extreme fisting, genital mutilation, bestiality, urine or water sports, scat or excrement-related material, enema play, vomiting, menstrual bleeding, or any other matter that would be considered obscene under applicable community standards or that violates card-network rules;
- Contain unsolicited sexual content, content that sexually objectifies a person without consent, or fabricated or manipulated sexual content depicting a real person without consent, including AI-generated or synthetic media (“deepfakes”);
- Promote, depict, or constitute “revenge porn” — sexually explicit material featuring anyone who did not give prior, express, fully informed consent both to its creation and to its posting and sharing;
- Promote or depict firearms, weapons, or other goods whose sale, possession, or use is restricted or prohibited;
- Promote or depict alcohol, drugs, or drug paraphernalia;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual-property or proprietary right;
- Violate any person’s legal rights (including rights of publicity and privacy) or create civil or criminal liability;
- Be likely to deceive any person, or impersonate any person or misrepresent your identity or affiliation;
- Promote or solicit any illegal activity, including prostitution, sex trafficking, or human trafficking;
- Involve commercial activities, sales, contests, sweepstakes, barter, or advertising not authorized by us;
- Give the false impression that they originate from or are endorsed by us or any other person;
- Contain viruses or other harmful code;
- Depict or disclose any person’s private or personal information without their written consent; or
- Request or share personal or financial information with any creator or user, or request money from, or defraud, any creator or user.
15. Monitoring, Moderation, and Enforcement; Termination
We review User Contributions before publication and operate live-streaming on a platform that allows real-time monitoring and removal. We may, in our reasonable discretion:
- Remove or refuse to post any User Contribution for any reason;
- Take any action regarding a User Contribution that we consider appropriate, including if we believe it violates these Terms, the Content Standards, card-network rules, or applicable law, infringes a third party’s rights, threatens user or public safety, or could create liability for us;
- Disclose your identity and information to any third party who claims your content violates their rights, and to law enforcement, as permitted or required by law;
- Take legal action, including referral to law enforcement, for any unlawful or unauthorized use; and
- Suspend or terminate your account or access for any reason, including violation of these Terms, fraud, violation of card-network rules, or violation of law.
We may suspend access to any User Contribution we believe may not comply with these Terms, card-network rules, or applicable law while we investigate. You may request review of a suspension by contacting compliance@vipexperienc.com. You must promptly provide reasonable assistance with our investigation at your own cost. We are not responsible for losses arising from good-faith suspension, removal, or investigation. If we suspend or remove your content, or suspend or terminate your account, we will notify you by email or in-account message, though we are not required to give advance notice.
If your account is suspended, any payment that would otherwise have come due during the suspension is suspended, and we may withhold earnings owed but not yet paid where you are a creator under the applicable creator agreement. We cooperate fully with lawful requests and court orders. You release and hold us harmless from claims arising from actions taken during, or because of, investigations by us or law enforcement.
16. Copyright Infringement (DMCA)
If you believe any Materials (including any User Contribution) infringe your copyright, follow the instructions in our DMCA Policy to submit a notice of claimed infringement. It is our policy to terminate the accounts of repeat infringers.
17. Third-Party Content and Linked Sites
The Platform may include content provided by third parties (“Third-Party Content”) and links to third-party websites or applications (“Reference Sites”). We do not create, control, endorse, or assume responsibility for Third-Party Content or Reference Sites, or for any information, products, or services available through them. Your dealings with advertisers or other third parties are solely between you and them, and you access Third-Party Content and Reference Sites at your own risk.
18. Competitions and Promotions by Creators
Creators may promote competitions, prize draws, and similar opportunities (“Third-Party Competitions”). We are not the sponsor or promoter and bear no responsibility for them. If you participate, you are responsible for understanding the applicable rules and eligibility requirements and for ensuring participation is lawful where you live.
19. No Off-Platform Communications or Meetings
You must not use the Interactive Services to arrange in-person meetings with any creator or user outside the Platform, or to exchange money or other consideration for sex or companionship. Interaction with creators or users outside the Platform is prohibited, and we are not liable for anything that occurs off-Platform with anyone you meet through the Platform.
20. Purchases, Virtual Currency, and Subscriptions
Marketplace role. The Platform is a marketplace that lets members purchase access to features, content, or services offered by third-party creators using Virtual Money. Transactions and interactions between members and creators are governed by the Standard Agreement between Member and Creator. We facilitate transactions by providing the Platform, storing content, and acting as a payment intermediary, but we are not a party to, and are not responsible for, any agreement, transaction, or interaction between a member and a creator. Creators set their own pricing within the parameters we allow. “Member” means a user who follows a creator and can view that creator's content.
Virtual Money. The Platform uses an in-app virtual currency (coins, cash, credits, tokens, or points) (“Virtual Money”) that you may purchase from us with real-world money. You must be a legal adult in your country of residence to buy Virtual Money. Pricing is shown before checkout and excludes taxes and currency-transmission charges. You receive only a limited, personal, revocable, non-transferable, non-sublicensable license to use Virtual Money on the Platform; you have no ownership interest in it. We may manage, regulate, modify, or eliminate Virtual Money at our discretion without liability. Transfers and sales of Virtual Money for real-world value are prohibited except as we expressly authorize, and any unauthorized attempt may result in a permanent ban and legal action.
Once associated with your account, Virtual Money remains associated with it until used, unless your account is cancelled, closed, or terminated, at which point any remaining Virtual Money expires immediately. Where applicable law requires different treatment of prepaid balances, we will comply with that law.
Payment. We accept payment through our payment processor using the methods shown at checkout, and you must use a valid, accepted payment method and comply with its terms. You authorize us to share your payment details with our processor and to charge your payment method for the price plus any applicable taxes, bank fees, and currency-related charges. All charges are in USD. Prices may change at any time, and we do not offer price protection. Your card issuer or bank may impose conversion or other fees for which we are not responsible. If you provide more than one card and the first is declined, we may charge another. Where you do not hold sufficient Virtual Money, the processor may take monthly subscription payments from your payment method.
Subscriptions and auto-renewal. Except for free trials, subscriptions automatically renew at the end of each subscription period unless you have insufficient Virtual Money, your payment method is declined, the price has increased, or you have turned off “Auto-Renew” in the relevant creator's profile or your account settings. To stop a subscription and ongoing charges, turn off Auto-Renew. If you cancel, you may continue to view the creator's content until the end of the current period, after which no further charges apply and access ends. “Subscription” means a member’s subscription to a creator's account.
Premium content. Creators may post photos, videos, audio, livestreams, and text accessible only after payment of Virtual Money (“Premium Content”), and they set the price. We may remove Premium Content for any reason. By purchasing or accessing Premium Content, you acknowledge that (a) we are not its source; (b) the posting creator is solely responsible for it; (c) you access it at your own risk; (d) our only screening obligation is to confirm it is not illegal and does not otherwise violate these Terms; and (e) you release us from all claims relating to it.
Tipping. You may tip creators through the Platform. Tips are voluntary, final, and non-refundable, and they are subject to the same payment, tax, and chargeback provisions as other purchases.
Taxes. You are responsible for all applicable sales, use, value-added, and similar taxes and fees on your purchases. Where we are required to collect or remit taxes, we will charge them at the time of each transaction.
21. Refunds and Chargebacks
All sales and transactions are final. Payments are non-refundable and fully earned on receipt. There are no refunds or credits for partially used periods or unused Virtual Money, except where required by applicable law.
If you are dissatisfied with a transaction with a creator, contact that creator. If a technical error occurs, we will work with you to resolve it. We may, in our sole discretion and only in exceptional circumstances, issue a refund as a credit to your Virtual Money balance or original payment method (never as cash, check, or free services). To request consideration, email support@vipexperienc.com explaining the circumstances. Issuing one refund does not obligate us to issue any future refund.
If a creator terminates your access because you threatened, harassed, bullied, or stalked them through the Platform, you will not receive any refund or credit.
Do not make unjustified chargeback requests. To protect creators, we review excessive or potentially fraudulent chargebacks and may pause your ability to make purchases during review. If your chargebacks are found to be fraudulent, we may suspend or terminate your account and pursue any remedies available to us.
22. Billing Disputes
If you believe we have charged you in error, notify us in writing within 30 days after the billing statement on which the error first appeared, by email to support@vipexperienc.com, including a detailed description of the disputed charge.
If you do not notify us in writing within this 30-day period, you waive the disputed charge to the fullest extent permitted by law.
We will correct any genuine billing error and credit it against future payments. If we reasonably determine that a billing dispute was made in bad faith, we may suspend or terminate your account (and any future account).
23. Privacy and Data
Our collection, use, and sharing of your personal information is described in our Privacy Policy, which is incorporated into these Terms. We care about the security of your information, but no system is perfectly secure, and we cannot guarantee that unauthorized parties will never defeat our safeguards; you provide your information at your own risk.
24. Geographic Restrictions
The Company is based in California, United States. We make no claim that the Platform or its content is appropriate or available for use outside the United States, and access may be unlawful for certain persons or in certain places. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local law.
25. Disclaimer of Warranties
THE PLATFORM, THE MATERIALS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE ACCURATE, RELIABLE, COMPLETE, SECURE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT IT IS FREE OF VIRUSES OR HARMFUL COMPONENTS; OR THAT IT WILL MEET YOUR NEEDS OR EXPECTATIONS. NO ADVICE OR INFORMATION OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.
You acknowledge that we cannot guarantee that files downloaded from the internet or the Platform will be free of loss, corruption, viruses, or other harmful code, and you are responsible for your own antivirus protection and data backups. You also acknowledge that all transactions regarding creator content are between the member and the creator under the Standard Agreement between Member and Creator; we are not a party to and are not responsible for those transactions, and we do not own creator content or endorse the views creators express.
26. Limitation of Liability and Release
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, CONTENT PROVIDERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU FOR:
- Errors, mistakes, or inaccuracies in any Materials (including User Contributions);
- Personal injury or property damage arising from your access to or use of the Platform or Materials;
- Any infringing, inaccurate, obscene, offensive, defamatory, abusive, or unlawful content or conduct;
- Unauthorized access to or use of our servers or any information stored on them;
- Any interruption or cessation of transmission to or from the Platform;
- Any viruses, malware, ransomware, or other harmful code transmitted through the Platform;
- Any incompatibility between the Platform and your hardware, software, or services;
- Any delay or failure in any transmission or transaction; or
- Any loss or damage arising from any Materials posted, transmitted, or made available through the Platform.
YOU RELEASE THE COMPANY AND THE PARTIES LISTED ABOVE FROM ALL LIABILITY ARISING OUT OF YOUR USER CONTRIBUTIONS OR THE CONDUCT OF OTHER USERS OR THIRD PARTIES, INCLUDING ANY DISPUTE BETWEEN YOU AND ANOTHER USER OR THIRD PARTY.
27. Exclusion of Damages; Liability Cap
EXCEPT FOR LIABILITY CAUSED BY OUR GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND THE PARTIES LISTED IN SECTION 26 WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, BUSINESS, ANTICIPATED SAVINGS, USE, GOODWILL, DATA, OR PRIVACY, OR FOR PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR COMPUTER FAILURE, ARISING OUT OF OR RELATING TO THE PLATFORM OR MATERIALS — REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE PLATFORM OR HAVE ANY COMPLAINT, YOUR EXCLUSIVE REMEDY IS TO STOP USING THE PLATFORM AND TERMINATE YOUR ACCOUNT. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF (A) USD $250 AND (B) THE AMOUNT YOU PAID US FOR THE PURCHASE GIVING RISE TO THE CLAIM, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
These limitations apply to the greatest extent permitted by law. Because some jurisdictions do not allow certain exclusions or limitations, some of the above may not apply to you, and nothing in these Terms is intended to deprive you of any mandatory legal protections.
28. Waiver of California Civil Code Section 1542 (California Residents)
For the releases in these Terms, California residents acknowledge that they are familiar with Section 1542 of the California Civil Code, which provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
You waive all rights under Section 1542 and any similar law of any jurisdiction.
29. Indemnification
Your indemnity. You will indemnify and hold harmless the Company and its members, managers, officers, employees, agents, contractors, subsidiaries, affiliates, licensors, content providers, and service providers (the “Indemnified Parties”) from any Loss caused by: (a) your access to or conduct on the Platform; (b) your User Contributions; (c) your offline conduct; (d) your breach of these Terms; (e) your dispute with any creator, member, or other user; (f) your violation or infringement of any person’s rights, including intellectual-property, publicity, and privacy rights; (g) your violation of any law; or (h) your tortious or criminal acts or omissions — except to the extent the Loss was caused by an Indemnified Party’s intentional misconduct.
Definition. “Loss” means any amount an Indemnified Party becomes legally responsible for or pays, including judgments, settlements, fines, damages, injunctive relief, and the costs of defense (including reasonable attorneys’ fees and expert costs), whether based in tort, contract, or any other theory.
Notice and defense. We will use reasonable efforts to notify you of a claim subject to indemnification within 30 days after we become aware of it, but our failure to do so does not relieve you of your obligations except to the extent you are actually prejudiced. We control the defense and settlement of any such claim unless we direct you to assume it; if you control the defense, you will not settle in a way that imposes any obligation or admission on an Indemnified Party without our written consent. The parties will cooperate in good faith.
30. Governing Law and Jurisdiction
California law (including its statutes of limitations) governs all matters arising out of or relating to the Platform or these Terms, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Except for disputes subject to arbitration under Section 31, the parties submit to the exclusive jurisdiction and venue of the United States District Court for the Central District of California and the state courts located in Los Angeles County, California, and each party waives any objection based on inconvenient or improper forum.
31. Dispute Resolution and Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND THE COMPANY TO RESOLVE DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION AND WAIVES THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, UNLESS YOU OPT OUT AS DESCRIBED BELOW.
Agreement to arbitrate. Except as provided below, any claim, dispute, or controversy between you and RRJ Media Holdings LLC arising out of or relating in any way to the Platform or these Terms — whether based in contract, tort, statute, or otherwise, and whether pre-existing, present, or future — will be resolved exclusively by final and binding arbitration on an individual basis.
Administration. The arbitration will be administered by Arbitration Resolution Services, Inc. (ARS) (or a comparable online dispute-resolution provider if ARS is unavailable) under its rules then in effect, as modified by this Section. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator has exclusive authority to resolve issues of arbitrability and may grant any relief available in court. The award is final and binding and may be entered as a judgment in any court of competent jurisdiction. Rules are available at www.arbresolutions.com.
Small-claims option. You may instead bring an individual claim in small-claims court if it qualifies, provided you give us written notice of that election within 60 days after the claim arose. Any arbitration or small-claims proceeding is limited to your individual dispute.
CLASS-ACTION WAIVER. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY CHALLENGE TO THIS CLASS-ACTION WAIVER MAY BE RAISED ONLY IN A COURT OF COMPETENT JURISDICTION.
Your right to opt out. You may opt out of this arbitration agreement within 30 days after you first accept these Terms by emailing support@vipexperienc.com with the subject “Arbitration Opt-Out” and your name and account email. Opting out will not affect any other part of these Terms.
Severability. If the class-action waiver is found unenforceable as to any claim for relief, that claim will be severed and may proceed in court, while all other claims will be arbitrated. If any other provision of this Section is found unenforceable, it will be severed and the remainder enforced.
Recovery of expenses. In any proceeding arising out of these Terms, the Prevailing Party may recover its reasonable expenses, including attorneys’ fees, except that there is no Prevailing Party where each party prevails on some claims or where the proceeding is voluntarily dismissed or settled.
JURY-TRIAL WAIVER. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.
TIME LIMIT. ANY CLAIM ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS MUST BE FILED WITHIN ONE YEAR AFTER THE CLAIM AROSE, OR IT IS PERMANENTLY BARRED, EXCEPT WHERE A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW.
32. General Provisions
Entire agreement. These Terms, together with the documents they incorporate, are the entire agreement between you and us regarding the Platform and supersede all prior agreements on that subject. Additional terms posted on the Platform govern the items to which they relate.
Assignment. We may assign or delegate these Terms without your consent. You may not assign or delegate your rights or obligations without our prior written consent, and any attempt to do so is void.
Waiver and severability. Our failure to enforce any provision is not a waiver. A waiver is effective only if in writing and signed by the waiving party. If any provision is held unenforceable, the remainder stays in effect.
Notices. You may give us notice by email at support@vipexperienc.com unless the Platform specifies otherwise. We may give you notice electronically, by email to your last known address or by posting on the Platform, and you confirm that your contact information is current and valid.
Force majeure. We are not responsible for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, utility or telecommunications failures, fiber cuts, and hacking or other attacks.
No third-party beneficiaries. Except for the Indemnified Parties with respect to Section 29, these Terms do not confer any rights on any third party.
Relationship of the parties. These Terms do not create any partnership, joint venture, agency, franchise, or employment relationship. Neither party may bind the other.
Successors and assigns. These Terms bind and benefit the parties and their permitted successors and assigns.
Communications not private. We do not provide facilities for confidential communications. Treat all messages sent through the Platform as accessible to us and potentially to others; do not send anything you intend to keep private.
Recording of communications. We may record communications conducted through the Interactive Services (including chat, email, voice, data, and streaming) to operate and improve the Platform, monitor compliance, ensure quality, and promote the Platform. You may opt out of recording for marketing purposes by emailing privacy@vipexperienc.com with the subject “Recording Opt-Out.”
Electronic signatures. Clicking “I agree,” “I consent,” or a similar button constitutes your legally binding electronic signature.
Unsolicited ideas. We do not accept or consider unsolicited ideas, suggestions, or proposals. If you send any despite this policy, we may use them without restriction or compensation, and we will treat them as non-confidential and non-proprietary.
Feedback. We welcome specific feedback on our existing services. Any feedback you provide is non-confidential and non-proprietary, and we may use it without restriction or compensation.
Survival. Any provision that by its nature should survive termination of these Terms will survive.
33. California Consumer Notices (California Residents)
Under California Civil Code Section 1789.3, California residents are entitled to the following notice. The Platform is provided by RRJ Media Holdings LLC, 8852 Grand Avenue, Rosemead, California 91770, United States; telephone 1-866-427-9447. Registration is free; we charge for Virtual Money used on the Platform. To resolve a billing dispute or request information, contact support@vipexperienc.com.
You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1-800-952-5210 (or +1 (916) 445-1254).
34. Complaints and Contact
Complaints. You may report any content or conduct on the Platform that may be illegal or that violates these Terms by emailing compliance@vipexperienc.com with your name, contact details, a description of the complaint, and, for content complaints, the relevant URL. We will review reported complaints regarding potentially illegal content or content that violates card-network rules, and resolve them, within seven business days. Where our review finds inadequate consent, illegal content, or content or conduct that violates these Terms, we will remove the content or terminate the user immediately. You agree not to submit complaints that are unjustified, abusive, or made in bad faith.
Right to appeal / content removal. If you are depicted in any content, you may request its removal at any time. Our general practice is to remove such content promptly on request. If removal does not occur automatically, we will, through a reasonable process, confirm that appropriate consent was obtained and review the content. If the required consent cannot be established, or the depicted person shows the consent is void under applicable law, we will remove the content immediately. If we disagree and find the content lawful and compliant, we will submit the disagreement to a neutral body for resolution at our expense.
How to reach us. RRJ Media Holdings LLC, 8852 Grand Avenue, Rosemead, California 91770. Copyright claims: see our DMCA Policy. Abuse reports (including alleged CSAM): compliance@vipexperienc.com. General support and all other inquiries: support@vipexperienc.com or 1-866-427-9447.